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(영문) 광주지방법원 2017.03.30 2016고단5780

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2006, the defendant was issued a summary order of 1.5 million won by a fine for a crime of violating the Road Traffic Act at the Gwangju District Court on the same day, a summary order of 1.5 million won by the same court on May 22, 2009, and a summary order of 3 million won by the same court on February 5, 2010.

Criminal facts

On December 15, 2016, at around 21:45, the Defendant driven C Lasta car with approximately 100 meters alcohol content 0.082% while under the influence of alcohol from a mutually influent restaurant in the Seo-gu, Seo-gu, Seo-gu, Gwangju to the surrounding road of the modern sea in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service and Order to Attend Military Service, despite the fact that the Defendant had been punished for drinking alcohol multiple times, the Defendant committed the instant crime. The nature of the crime is heavy.

However, the defendant reflects the crime of this case, and again does not drive drinking again.

It shall be decided as per the disposition in consideration of the fact that there is no record of suspension of execution or higher due to drinking driving, etc.